Appeals
Published Appeals:
V.S v. M.L. (2013) 222 Cal.App.4th 730
Practice Area: Family
Outcome: Appellate court found a possible biological father has standing to bring an action to establish the existence of the father-child relationship even if the mother’s husband is unquestionable the presumed father.
Description: The biological father tried to establish paternity for purposes of custody and visitation. The trial court dismissed his action for lack of standing, given that the child was born into the mother’s marriage to another man. The Court of Appeal reversed, finding that a change to Family Code section 7630 had provided biological fathers with standing even where a child already had a presumed father. Once this inadvertent change was brought to the attention of the family law community, it was corrected through subsequent legislation.
In re D.S. (2014) 230 Cal.App.4th 1238
Practice Area: Family/Dependency
Outcome: Appellate court confirmed that when a man is unable to take responsibility for his baby due to his incarceration, he generally will not qualify as a Kelsey S. father.
Description: This was a dependency case in which two men – the biological father and the mother’s boyfriend – each were asserting paternity. The child had been raised by the mother and her boyfriend, with the biological father largely unavailable due to his drug dependency and repeated incarcerations. After getting out of prison and completing rehab, the biological father asserted he should be granted reunification services as a Kelsey S. father, who had expressed a commitment to his child from birth to the extent he was able. Although the dependency court found the biological father was a Kelsey S. father, the Court of Appeal reversed.
S.Y. v. S.B (2011) 201 Cal.App.4th 1023
Practice Area: Family
Outcome: Long term intimate partner of an adoptive mother was a presumed parent, even though she had not participated in the adoptions, based on her longstanding parental commitment to the children.
Description: S.Y. was a high ranking officer in the military reserves, and therefore was unable to be open about her long term, committed same-sex relationship. During that relationship, her partner adopted two children as a single mother. Based on evidence that S.Y. had participated in parenting the two children, including sharing financial responsibility for the children and participating in their care and education, the court found that she qualified as a presumed parent.
People v. Salazar-Merino (2001) 89 Cal.App.4th 590
Practice Area: Criminal
Outcome: Conviction reversed based on ineffective assistance of trial counsel.
Description: Mr. Salazar-Merino was undocumented, and had obtained a fake green card which he used for identification purposes. During a traffic stop, the officer saw the fake green card and arrested Mr. Salazar-Merino for having a false ID. The court appointed defense attorney admitted that she was unfamiliar with the statute but assumed that Mr. Salazar-Merino must have violated it or he would not have been charged. Reversed for ineffective assistance of counsel, on the grounds that a criminal defendant has a right to have his attorney closely examine the charges and the evidence rather than assuming guilt.
